Terms & Conditions
This agreement governs your membership with Broker One Real Estate, LLC. If you sign up for membership as an Agent/Associate Member, Independent Broker Member, Pro Team member or Regional Sales Center Member, you accept these terms, conditions, limitations and requirements.
We value your membership.
Term of Agreement: This License Agreement shall be continuous so long as membership fees are current and all terms of this agreement are adhered to.
What We Are
Broker One Real Estate, LLC is a real estate marketing tools provider. Our goal is to make it easier for you to transact more business and to keep more of your hard earned commissions.
What We Are Not
We are not a governmental licensing authority, a franchising firm nor a real estate brokerage business employing you.
Membership Benefits
As a Broker One Real Estate member, you are licensing the use of the Broker One Logo and all Broker One print, technology, and lead capture marketing tools and materials created and made available via the Broker One website and other distribution methods as they become available. You may use the Broker One logo and marketing tools for the real estate industry only, provided you maintain your membership and all rules and regulations in this agreement are adhered to. And as a Broker One Real Estate member you are provided access to all member forums and conventions, through our website and on location.
Requirement
You must be a real estate licensee in good standing with the real estate licensing authority in your state, province or other jurisdiction and your license level with said licensing authority must be appropriate to your Broker One membership level.
Membership Levels
Broker One Real Estate has four membership levels. You may change your membership level at any time. The four membership levels and prices are:
- Agent/Associate Member $155 per month
- Independent Broker Member $155 per month
- Pro Team Member $395 per month
- Regional Sales Center $1,295 per month
Locations
All Broker One offices are independently owned and operated. You may operate independently or in collaboration with other Broker One members at a location of your choice as long as you are outside of any Broker One Regional Sales Centers protective area.
· Agent/Associates Members office and operate at the direction of their employing broker.
· Independent Broker, Pro Team, and Regional Sales Center Members must operate outside of a 1 mile radius of any other Regional Sales Center.
· Independent Broker and Pro Team Members may stay within the protected 1 mile radius if they have established their office prior to a Regional Sales Center Member locating and creating a 1 mile radius conflict.
Use of Logo
As a Broker One member you have rights to use the Broker One logo in all your real estate marketing and advertising material, however it must not be modified. Logo proportions, colors, fonts, and other design elements must remain as provided by Broker One Real Estate. Your trade name will be added as per Broker One guidelines and must be used accordingly.
The logo is provided to you for marketing purposes only and is not to be used on items for resale. You may not sub-license the Broker One logo or any of our tools or materials. Broker One Real Estate, LLC is the exclusive distributor of branded items for sale. Your usage is allowed while your membership is in good standing.
Payment
Broker One Real Estate accepts monthly payment charged automatically through PayPal only. To cancel, you must notify PayPal through your PayPal account before your monthly renewal date that you do not want to continue your membership. No refunds will be prorated with respect to your cancellation date or change of membership level date. When you cancel, all your privileges to use the Broker One logo, tools, materials and website are terminated.
Late Payment and Reinstatement
We value your membership. However, if your PayPal account is unable to process your monthly membership fee (due to an expired credit card or other issue), you will have twenty (20) days to correct the problem and cause payment to be made. If payment is not made by the 20th day after your renewal date, your membership privileges will be suspended. To reinstate, a Reinstatement Fee of $75 along with the delinquent Membership Fees must be paid before your privileges will be restored. While your membership is suspended, you must immediately cease from using the trademark “Broker One™”, associated logo, technology and all marketing tools with the Broker One logo, and you will not be allowed access to members-only portions of the Broker One website.
Employing/Principal/Designated Brokers and their Associates
Each Employing/Principal/Designated Broker who uses the Broker One name, logo, tools or materials is required to be a Broker One Real Estate Member & Licensee in good standing. Every licensed associate working under an employing/principal/designated broker who uses the Broker One name is required to be a Broker One member as well.
Name Change
If you change your name, address, trade name or other contact information, you are able to make appropriate changes on the Broker One website via your member portal. A trade name change resulting in a logo change may be subject to a nominal logo change fee.
Sale or Transfer of Business
If you sell your business, the new owner must become a Broker One member in order to continue using the Broker One name, logo and all other marketing materials, and for the business to continue being included on the Broker One website. Your membership is for your use only and there are no resale rights.
Termination of Membership
Effective upon termination of membership, you may no longer use the Broker One logo, or any tools and materials. You must cancel any trade name and other public filings including the logo, and destroy all stationery, business cards and other materials that include the logo.
Your membership will be terminated if your real estate or business license is suspended, revoked or otherwise impaired by the jurisdiction of your licensure.
What You Don’t Get
Broker One Real Estate, LLC does not promote, dictate, recommend or give advice or promote any particular real estate business system, structure or model over another. Members are free to conduct their businesses in accordance to their own business plans. However, we highly recommend that you follow all applicable laws and regulations; conduct business in accordance with the highest ethical standards of the real estate industry and practice according to the Golden Rule with all clients, customers, the public, fellow Broker One members and everyone else you know, treating all with utmost care and truthfulness.
Other Legal Matters:
Broker One Real Estate, LLC warrants that it owns all rights to the logo and has the legal right to license the logo to each member. Members shall indemnify and hold Broker One Real Estate, LLC harmless against any bona fide claim by any third party that a member’s use of the logo and marketing materials or tools infringes the intellectual property rights of such third party.
If a member uses the logo, tools or materials in any manner to which, in the reasonable judgment of a representative of Broker One Real Estate, LLC; brings disrepute to the Broker One name or reputation, the member may have all membership privileges terminated.
Broker One Member shall indemnify and hold Broker One Real Estate, LLC harmless from any claims against Broker One Real Estate, LLC by employees, vendors, customers and creditors of Broker One Member.
Broker One Member acknowledges that (i) its foregoing covenants are intended only to protect Broker One Real Estates, LLC goodwill associated with the logo, tools and materials, (ii) Broker One Real Estate, LLC has made no representations or warranties to Broker One Member regarding the expected revenues or profitability of the Business, and (iii) subject to compliance with this Agreement, Licensee is free to operate their Business as Licensee deems appropriate.
This Agreement does not create an agency, partnership or other fiduciary relationship between Broker One Real Estate, LLC and Broker One Member.
Broker One Real Estate, LLC can amend the “Broker One Real Estate Membership & License Agreement – Standard Terms & Conditions” for New Members at any time without notice to current members. Broker One Real Estate, LLC may amend the terms and conditions of this agreement with three months notice to Member. Notice shall be via Broker One Real Estate, LLC website and by email to Member’s email of record with Broker One Real Estate, LLC and said amendments shall be reflected in Broker One Real Estate, LLC’s latest “Broker One Real Estate Membership & License Agreement – Standard Terms & Conditions” as posted on Broker One Real Estate, LLC’s website. Member’s payment of Membership Fee subsequent to the four months of notice shall constitute acceptance by Member of said amendments to this Agreement.
Notices required or permitted under this Agreement shall be given either (i) by registered or certified mail, or (ii) by nationally-recognized overnight courier service, or (iii) delivered by hand, or (iv) preferred email Member has on file with Broker One Real Estate, LLC. Notices given to the preferred address set forth by Member as provided in membership records, shall be effective upon receipt.
In no event will we, our directors, officers, employees, agents or other representatives be liable for any direct, special, incidental, consequential or punitive damages arising out of or related to use of the Broker One logo, tools or materials. Our total liability will not exceed the annual membership fee you paid. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your membership. Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of these exclusions may not apply to you and you might have additional rights.
If any provision of this Agreement is deemed unenforceable by a court of competent jurisdiction; such provision shall be enforced to the extent permissible (or, if necessary, severed from this Agreement), without effect upon the enforceability of the balance of this Agreement.
This Agreement sets forth the entire understanding of the parties with respect to its subject matter.
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I hereby apply to become a Broker One Member and accompanying this application I agree to pay the appropriate Membership Fee for the Broker One Membership Level I have selected. I also represent my real estate license is active and in good standing with the appropriate real estate governing body/commission(s) where I practice real estate. And I understand that to the contrary, that truth will cause rejection of my application to become a Broker One Member & Licensee and I forfeit any amounts already paid.
